News

The Legal Broadcast Network news and commentary page is a daily blog and video broadcast platform that provides news, information, education and commentary on the law, by lawyers and for lawyers. The nations first video broadcasting platform devoted strictly to legal issues and news.

Another concern about the Ahwatukee course is that, when the area was being developed, some buyers paid premium prices for the building lots adjacent to the course. Now that the course is closed, that value has been lost. This is one of the issues of concern to Mike Petty and Gerry Homewood, who are candidates for the seats on the Ahwatukee Board of Management.

Petty explains that the golf course was “a major part of the flood control plan” for the community, including basins to retain the water that fell during heavy rainstorms. Converting the golf course to homes would change the ratio of development to open space designed into the community. Homewood expresses concerns as the motivations of the golf course owners in closing the course. Homewood questions whether upkeep costs really outpaced revenues or whether instead the course was closed to create a blighted property that could then be developed as a solution to the blight.

At the moment, the biggest thing standing in the way of development of the golf course is the conditions, covenants and restrictions (CC&Rs) incorporated into all the deeds when the community was planned. The golf course has restrictions in its deed providing that the land should be used for a golf course. The promise, says Petty, was made to the 5,200 residents of the community. The current owner of the course is attempting to get residents to sign waivers that would permit the nonconforming development.

Homewood points out that the developer could proceed with a new plan if 51% of the landowners in the community would sign the agreement permitting the new use of the land. If the landowners refused, the developer could attempt to get a court to permit the development. However, as Homewood points out, at least one court in New Mexico has ruled that a business failure is not grounds for removing deed restrictions.

Legal Broadcast Network

Original legal news, commentary and opinion by lawyers and for lawyers. We provide an in depth examination of the legal world, cases and rulings featuring interviews with the lawyers immersed in those cases.